State v. Myers

Toal, Justice;

The primary issue which we address in this appeal is whether, under the circumstances of this case, the trial judge abused his discretion in refusing to qualify an expert witness for the defense. We hold that he did abuse his discretion, and we reverse and remand this case for a new trial.

FACTS

On April 20, 1987, shortly after midnight, Winston David Myers, Sr. died from multiple blunt instrument wounds to the face and head. It is unclear from the evidence and testimony whether the appellant Winston David Myers, Jr. (David) was the sole killer, or whether he and his mother,…